A09365:1453
The Whole Treatise of the Cases of Conscience
The whole treatise of the cases of conscience distinguished into three books: the first whereof is revised and corrected in sundry places, and the other two annexed. Taught and delivered by M. W. Perkins in his holy-day lectures, carefully examined by his own briefs, and now published together for the common good, by T. Pickering Bachelor of Divinity. Whereunto is adjoined a twofold table: one of the heads and number of the questions propounded and resolved; another of the principal texts of Scripture which are either explained, or vindicated from corrupt interpretation.The whole treatise of the cases of conscience distinguished into three bookes: the first whereof is revised and corrected in sundrie places, and the other two annexed. Taught and deliuered by M. W. Perkins in his holy-day lectures, carefully examined by his owne briefes, and now published together for the common good, by T. Pickering Bachelour of Diuinitie. Whereunto is adioyned a twofold table: one of the heads and number of the questions propounded and resolued; another of the principall texts of Scripture vvhich are either explaned, or vindicated from corrupt interpretation.
Cambridge: printed by John Legat, 1606Cambridge: printed by Iohn Legat, 1606
Modern spelling is a reading aid: the words are the author’s, only the spelling is modernized. Original shows the page as printed, with the transcription marks.
Reasons are these. First, it is the express commandment of God, Thou shalt not kill. In which, all private men are forbidden to kill or slay, but in the case of just and necessary defence. Secondly, we may not hazard our lives, without some special warrant from God: if we do, it is a flat tempting of God: and this is done in every combat. Thirdly, if Magistrates will permit such fights as this is, then they are bound to defend and save the life of the innocent. For by such permission, oftentimes innocent blood is shed, and the more harmless party goes by the worst.
Reasons are these. First, it is the expresse commandement of God, Thou shalt not kill. In which, all priuate men are forbidden to kill or slay, but in the case of iust and necessarie defense. Secondly, we may not hazard our liues, without some speciall warrant frō God: if we doe, it is a flat tempting of God: and this is done in euery combate. Thirdly, if Magistrates will permit such fights as this is, then they are bound to defend and saue the life of the innocent. For by such permission, oftentimes innocent blood is shedde, and the more harmelesse partie goes by the worst.
But it will be, and is objected. First, that a ⟨p. 502⟩Combat is a trial of innocency. Ans. It is not so. For he that is stronger usually overcomes in the combat, not he that hath the more righteous cause. Again, there be other means to try a truth, besides this; as by examination, and by oath. Lastly, trial by the combat, is of the same nature with the trial of a murderer by the bleeding of a corps touched, or handled, which is very doubtful, and of all other most uncertain,
But it will be, and is obiected. First, that a ⟨p. 502⟩Combate is a triall of innocencie. Ans. It is not so. For he that is stronger vsually ouercomes in the combate, not he that hath the more righteous cause. Againe, there be other meanes to trie a truth, besides this; as by examination, and by oath. Lastly, triall by the combate, is of the same nature with the triall of a murtherer by the bleeding of a corpes touched, or handled, which is very doubtfull, and of all other most vncertaine,